UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:07-HC-2020-BR

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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:07-HC-2020-BR UNITED STATES OF AMERICA, Petitioner, v. MOTION TO DISMISS CERTIFICATION OF A SEXUALLY WAYNE ROBERT HICKS, DANGEROUS PERSON Respondent. The United States of America, by and through the United States Attorney for the Eastern District of North Carolina, and hereby moves to dismiss the certification of a sexually dangerous person. A supporting memorandum is attached. Respectfully submitted, on this 27 th day of July THOMAS W. WALKER United States Attorney Telephone: (9l Facsimile:( Case 5:07-hc D Document 47 Filed 07/27/11 Page 1 of 2

2 CERTIFICATE OF SERVICE This is to certify that I have on this 27 th day of July 2011, served the foregoing motion to dismiss upon counsel for the respondent by CM/ECF addressed to: Ms. Suzanne Little Assistant Federal Public Defender 150 Fayetteville Street Mall, Suite 450 Raleigh, NC Telephone: (9l Facsimile:( Case 5:07-hc D Document 47 Filed 07/27/11 Page 2 of 2

3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:07-HC-2020-D UNITED STATES OF AMERICA, Petitioner, MEMORANDUM IN SUPPORT OF v. MOTION TO DISMISS CERTIFICATION OF A SEXUALLY WAYNE ROBERT HICKS, DANGEROUS PERSON Respondent. The United States of America, by and through the United States Attorney for the Eastern District of North Carolina, hereby moves to dismiss the certification of a sexually dangerous person entered in the above-captioned matter, and in support thereof shows onto this Honorable Court: 1. The United States, pursuant to lawful procedures, certified the Respondent as a sexually dangerous person under 18 U.S.C on January 12, (D.E. #1. 2. On May 26, 2005, respondent s term of supervised release was revoked and respondent sentenced to 24 months imprisonment upon a judicial finding that respondent admitted that he violated the terms of his supervised release. See Exhibit 1 - Judgment in revocation hearing held in United States v. Wayne Robert Hicks, Criminal Number 1:99 CR WS(S.D. Ala. May 26, Respondent is no longer subject to a term of supervised release. 3. Upon a more detailed review of the Respondent s condition, and factors particular to this case, the United States concludes that it will not be able to meet its burden of proving by Case 5:07-hc D Document 48 Filed 07/27/11 Page 1 of 3

4 clear and convincing evidence that respondent will, based on a serious sexual abnormality or mental disorder, have serious difficulty in refraining from engaging in sexually violent conduct or child molestation. 4. Therefore, the United States hereby moves to dismiss the Certification of a Sexually Dangerous Person entered in the abovecaptioned matter and the case. Respectfully submitted, on this 27 th day of July THOMAS W. WALKER United States Attorney Telephone: (9l Facsimile:( Case 5:07-hc D Document 48 Filed 07/27/11 Page 2 of 3

5 CERTIFICATE OF SERVICE This is to certify that I have on this 27 th day of July 2011, served the foregoing memorandum in support of Petitioner s motion to dismiss upon counsel for the respondent by CM/ECF addressed to: Ms. Suzanne Little Assistant Federal Public Defender 150 Fayetteville Street Mall, Suite 450 Raleigh, NC Telephone: (9l Facsimile:( Case 5:07-hc D Document 48 Filed 07/27/11 Page 3 of 3

6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. S:07-HC-2020-D UNITED STATES OF AMERICA, Petitioner, v. ORDER WAYNE ROBERT IDCKS, Register Number , Respondent. On January 12, 2007, the government filed a petition for respondent Wayne Robert Hicks's commitment pursuant to 18 U.S.C [D.E. 1]. On July 27, 2011, the government filed a motion to dismiss the petition [D.E. 47], because after "a more detailed review ofthe Respondent's condition[] and factors particular to this case, the United States conc1ude[d] that it will not be able to meet its burden of proving by clear and convincing evidence that respondent will, based on a serious sexual abnormality or mental disorder, have serious difficulty in refraining from engaging in sexually violent conduct or child molestation." Gov't Mem. Supp. Mot. Dismiss 3. For the reasons stated in the memorandum in support of the motion to dismiss, the court GRANTS the motion [D.E. 47], and DISMISSES the above-captioned action. SO ORDERED. This M day ofjuly Case 5:07-hc D Document 49 Filed 07/28/11 Page 1 of 1